The Bombay high court has issued a show-cause notice for contempt of court to a developer’s firm and its two partners for breaching a consent order to pay monthly instalment of Rs 45 lakh each to two flat purchasers of Evershine Cosmic at Oshiwara, Andheri (west).
The court said it is “prima facie satisfied” that Monarch & Qureishi Builders and partner-brothers Jayesh and Ketan Shah have committed breach of undertakings in consent terms and defaulted paying instalment due on March 10, 2022 to the flat purchasers.
The order was passed by Justices Shahrukh Kathawalla and Milind Jadhav on petitions by Anil Sahlot and Prafull Nagori.
In 2011, the builder had entered into an agreement for sale with Sahlot for 966 sq ft carpet and with Nagori for 1,194 sq ft carpet flats.
Since the project was delayed for more than seven years, Sahlot and Nagori moved the MahaRERA in 2018 for a refund of Rs 1. 31 crore and Rs 1. 63 crore paid towards their flats.
In January 2019, MahaRERA directed refund with interest as also amounts paid for stamp duty and registration.
Since the order was not complied with, MahaRERA in April 2019 issued a recovery warrant to the collector to recover the amounts.
In December 2019, the MahaRERA Appellate Tribunal dismissed the builder’s appeal. Since the recovery warrant had not been executed by the collector and tehsildar, Sahlot and Nagori moved Bombay high court in July 2021.
On August 5, 2021, the judges restrained the builder and its related entities from disposing of assets and also restrained them from leaving the country without the court’s permission.
On August 31, 2021, the builder signed consent terms to pay Rs 3 crore to Sahlot and Rs 3. 6 crore to Nagori. It was agreed that till the last instalment is paid, the August 5, 2021 order will be kept in abeyance, and, if breached, shall be revived.
On March 11, 2022, the judges were informed by petitioners’ advocates Amrut Joshi and Shreejit Singh that Rs 45 lakh instalment was not paid on March 10, 2022. They gave a chart showing delay in payment of earlier instalments. The judges then directed the high court registry to issue the show cause notice.
